London MC - full hearing set for 19th October

[Boris303]

Hello,

 

Time is moving rapidly on right now towards the 20th July and my case is one of many to be heard that day.

 

I do not know what i need to take with me, this is only a hearing and not a court judgement, so what exactly should i take with me?

 

Any help would be greatly appreciated, my claim is for roughly £3500.

 

For instance, would anyone advise perhaps ringing their solicitors and give them the option to settle early? or what?

 

I have read through many posts here, and it does seem that some of the posts tend to cloud the situation somewhat. Most posts are great, but some seem to go into the most amazing amount of detail and one could be forgiven for thinking that they could be more unhelpful, than helpful.

 

Only my opinion.

 

Any help please?

[Calculator]

Boris,

 

You should find these threads useful:

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/101915-leeds-mercantile-hearing-29-a.html (posts 6 to 10 in particular )

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/98632-bbc-news-report-london.html

[Boris303]

Calculator, what can i say?

 

That was exactly what i needed to read, great stuff.

 

Thank you for your help i feel so much better now, far more at ease and more knowledgable about what i need to take.

 

Cheers, let me know where you want me to buy you a drink!

[Calculator]

Boris,

 

Glad that you found it helpful.

 

All the best for the 20th.

 

Do you know how many cases are listed for that hearing?

 

Please let us know how you get on.

[Boris303]

I am affraid i do not know how many cases will be heard that day.

 

But i will of course make a post to inform you and others of what the outcome is. Thats the very least i can do to say thank you for your help and to encourage others.

[Boris303]

Right, heres what happened.

 

This relates just for the Barclays Bank claimants only.

 

The judge, asked Barclays solicitor if any of the 18 unresolved claims for return of bank charges would be settled? Or does the bank intend to defend the claims in court?

 

Their solicitor couldn't answer this question at all, the judge made it very clear to their solicitor that if they chose to defend the cases but then later settled just before the court date he would not be very happy at all and would be seeking costs for wasting the courts time.

 

The solicitor then had to go and contact his client (Barclays) and ask them what they wanted to do.

 

Unfortunately for all of us, he came back and replied that the bank intends to defend all 18 of the cases against it. The judge then said that all of the 18 cases could be heard on the same day, and that day being the Friday 19th October 2007.

 

I couldn't understand why the bank decided to do this, and just presumed that it wanted to just delay repaying the charges as long as possible. But now in light of the recent events, it has all become ever so clear.

 

Whilst this test case is being heard the bank is obviously going to apply for a stay, and then the case will be on hold for the test case to be heard. So they knew something that we all didn't it would appear.

 

Life sucks.

 

Forgive me if some of the terminology isn't correct, i hope that anyone who reads this understands what im saying.

 

Life really sucks.

[Bookworm]

I understand exactly what you are saying, but actually, since you're in Mercantile, yours could just as easily create precedent, so don't think of not preparing.

 

We need to keep in perspective that, ok, the OFT is now making noises, but any case going full blast on to Mercantile could very well be the one that will decide the issue, long before the OFT v banks get under way.

 

The bank can apply for a stay, doesn't mean it will get granted. And in the meantime, if the judge refuses the stay, things like disclosure and what not will still apply... So let's keep our eyes on the ball, hey? ;-)